Category: Court of Special Appeals Opinions

338 A.2d 386 JEANNE SCHWARTZ v. GEORGE M. SCHWARTZ. No. 905, September Term, 1974.Court of Special Appeals of Maryland. Decided May 29, 1975. CUSTODY OF INFANTS — JURISDICTION — In Rem Action — Jurisdiction Of Court Dependent On Domicile Of Child — Child’s Domicile Is That Of Parent With Legal Custody — After Issuance Of […]

351 A.2d 896 STATE OF MARYLAND v. WILLIAM FEARING, ALBERT HERRMANN, STEPHEN LAI, JOHN DUER MOORES, JONAS COHEN, HUMBERTO CERTEZA AND MELVIN F. POLEK. No. 121, September Term, 1975.Court of Special Appeals of Maryland. Decided January 30, 1976. INDICTMENTS — Controlled Dangerous Substances Act — Medical Practitioners Not Exempt From General Provisions — “Civil Fines” […]

263 A.2d 33 STANLEY W. COOK v. STATE OF MARYLAND. No. 316, September Term, 1969.Court of Special Appeals of Maryland. Decided March 19, 1970. HOMICIDE — Murder In Second Degree — Manslaughter Defined — Malice — Intent — Burden Of Proof — Evidence Sufficient To Sustain Conviction. All murder not designated as in the first […]

769 A.2d 259 JOHN HENRY GRIFFIN, JR. v. STATE OF MARYLAND No. 1964, September Term, 1999Court of Special Appeals of Maryland. Filed: March 29, 2001 Circuit Court, Baltimore City. Affirmed in part and reversed in part. Page 576 Geraldine K. Sweeney, Assistant Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore for appellant. […]

492 A.2d 674 RICHARD D. DICK, ET UX., v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, ET AL. No. 1243, September Term, 1984.Court of Special Appeals of Maryland. May 17, 1985. Appeal from the Circuit Court, Frederick County, William W. Wenner, J. Page 271 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

797 A.2d 118 LEIF W. HANSEN v. RICHARD D. LARSEN, et al. No. 553, September Term, 2001Court of Special Appeals of Maryland. Filed: May 2, 2002 Appeal from the Circuit Court, Montgomery County, DeLawrence Beard, J. Affirmed. Page 202 John C. Keating, Rockville, for appellant Page 203 Michael L. Rowan (Quinn, McAuliffe Rowan, on brief) […]

340 A.2d 405 SUBSEQUENT INJURY FUND v. BILLY EARL SLATER ET AL. No. 854, September Term, 1974.Court of Special Appeals of Maryland. Decided June 27, 1975. WORKMEN’S COMPENSATION — STATUTES — Cardinal Rule of Statutory Construction Is To Ascertain And Carry Out Real Legislative Intent It Being Necessary, In Some Instances Under Unusual Circumstances, To […]

996 A.2d 882 Jerry P. HANSEN v. The CITY OF LAUREL. No. 425, September Term, 2009.Court of Special Appeals of Maryland. June 2, 2010. Appeal from the Circuit Court, Prince George’s County, Albert W. Northrop, J. Page 81 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

445 A.2d 1069 WILMA JEAN CALDWELL v. STATE OF MARYLAND. No. 1297, September Term, 1981.Court of Special Appeals of Maryland. Decided June 2, 1982. SENTENCE — Ex Parte Communications Between Prosecutor And Judge On Sentence Of Co-Defendants — Where Interrelationship Of Numerous Defendants’ Culpability Would Heavily Influence Trial Judge’s Determination Of Sentence Imposed Upon Each […]

545 A.2d 103 VINCENT C. MIDDLETON v. STATE OF MARYLAND. No. 1488, September Term, 1987.Court of Special Appeals of Maryland. August 5, 1988. Certiorari Granted October 26, 1988. Appeal from the Circuit Court, Montgomery County, Paul H. Weinstein, J. Page 403 Patrick D. Hanley, Assigned Public Defender, Towson (Alan H. Murrell, Public Defender, Baltimore, on […]

366 A.2d 392 IN RE APPEAL NO. 101, SEPTEMBER TERM, 1976 FROM THE DISTRICT COURT OF MONTGOMERY COUNTY, SITTING AS A JUVENILE COURT. No. 101, September Term, 1976.Court of Special Appeals of Maryland. Decided December 1, 1976. JUVENILE PROCEEDINGS — Right To Counsel At Adjudicatory And Disposition Hearings — Waiver Of — Strict Adherence To […]

665 A.2d 297 ROBERT FULTON BAGWELL, JR. v. PENINSULA REGIONAL MEDICAL CENTER, ET AL. No. 1866 September Term, 1994.Court of Special Appeals of Maryland. September 28, 1995. Appeal from the Circuit Court, Wicomico County, D. William Simpson, J., Page 471 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

906 A.2d 388 CITY NEIGHBORS CHARTER SCHOOL, et al. v. BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS, et al. No. 1598, Sept. Term, 2005.Court of Special Appeals of Maryland. August 31, 2006. Appeal from the Circuit Court, Baltimore City, Edward R.K. Hargadon, J. Page 610 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

782 A.2d 351 DARYL D. DAVIS v. CAROL B. MAGEE, ET AL. No. 328, September Term, 1999Court of Special Appeals of Maryland. Filed: August 29, 2001 Appealed from The Circuit Court, Montgomery County. Page 636 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

575 A.2d 750 ROSEMARY MORTIMER, ET AL. v. HOWARD RESEARCH AND DEVELOPMENT CORPORATION, ET AL. No. 1410, September Term, 1989.Court of Special Appeals of Maryland. June 27, 1990. Appeal from the Circuit Court, Howard County, Raymond J. Kane, Jr., J. Page 433 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

682 A.2d 1185 ARTIS BELLAMY v. STATE OF MARYLAND. No. 1990, September Term, 1995.Court of Special Appeals of Maryland. September 26, 1996. Appeal from the Circuit Court, Baltimore City, Thomas E. Noel, J. Page 530 John L. Kopolow, Assistant Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for Appellant. Betty Stemley Sconion, […]

515 A.2d 485 OCEAN HIDEAWAY CONDOMINIUM ASSOCIATION, ET AL. v. BOARDWALK PLAZA VENTURE. No. 47, September Term, 1986.Court of Special Appeals of Maryland. October 9, 1986. Appeal from the Circuit Court, Worcester County, Lloyd L. Simpkins, J. Page 651 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

799 A.2d 425 PEOPLE’S COUNSEL FOR BALTIMORE COUNTY v. COUNTRY RIDGE SHOPPING CENTER, INC., et al. No. 0952, September Term, 2001Court of Special Appeals of Maryland. Filed: June 3, 2002 The Circuit Court, Baltimore County, John Grason Turnbull, II, J. Circuit Court reversed. Page 581 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

437 A.2d 251 MORTON M. LAPIDES v. SAUNDRA D. LAPIDES. No. 341, September Term, 1981.Court of Special Appeals of Maryland. Decided December 4, 1981. CUSTODY OF INFANTS — Compensation Of Counsel Appointed To Represent Children In Custody Case — Review Of Record Indicates That Evidence Was Sufficient To Establish Reasonableness Of The Award. pp. 251-252 […]

251 A.2d 30 EULIS CHAMBERS v. STATE OF MARYLAND. No. 236, September Term, 1968.Court of Special Appeals of Maryland. Decided March 17, 1969. MERGER OF OFFENSES — Test Of Merger — Offenses Of Attempted Arson And Possession Of Molotov Cocktail Did Not Merge. The true test of merger under the modern doctrine is whether one […]

373 A.2d 320 CARL WILSON, JR. v. STATE OF MARYLAND. No. 1037, September Term, 1976.Court of Special Appeals of Maryland. Decided May 19, 1977. CRIMINAL LAW — DOUBLE JEOPARDY — Reliance Upon Required Evidence Test To Determine Whether Two Offense Are Same For Double Jeopardy Purposes — Proceeding Against Adult Under Juvenile Petition On Charge […]

981 A.2d 727 ACCUBID EXCAVATION, INC. v. KENNEDY CONTRACTORS, INC. No. 992, September Term, 2008.Court of Special Appeals of Maryland. October 5, 2009. Appeal from the Circuit Court, Fredrick County, Dwyer, J. Page 215 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

704 A.2d 478 JOHN WILLIAM VALITON v. STATE OF MARYLAND. No. 596, September Term, 1997.Court of Special Appeals of Maryland. January 12, 1998. Appeal from the Circuit Court, Allegany County, Page 140 Gary G. Leasure, J. Affirmed. Gina M. Serra, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for Appellant. Mark […]

619 A.2d 553 STATE OF MARYLAND v. CARL VANCE MONTGOMERY. No. 624, September Term, 1992.Court of Special Appeals of Maryland. February 2, 1993. Appeal from the Circuit Court, Howard County, Raymond J. Kane, Jr., J. Tarra DeShields-Minnis, Asst. Atty. Gen., Baltimore (J. Joseph Curran, Jr., Atty. Gen., Baltimore and William R. Hymes, State’s Atty. for […]

780 A.2d 1180 RENO EDWARD LACY, SR. v. LAURA MAUREEN ARVIN No. 1498, September Term, 2000Court of Special Appeals of Maryland. Filed: September 10, 2001 Appealed from The Circuit Court, Baltimore County, Barbara Kerr Howe, J. Affirmed in part, reversed in part, remanded. Page 413 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

237 A.2d 787 ROOSEVELT BOONE v. STATE OF MARYLAND. No. 48, September Term, 1967.Court of Special Appeals of Maryland. Decided January 24, 1968. ACCOMPLICES AND ACCESSORIES — Corroboration Of Accomplice’s Testimony — Murder Conviction Reversed Where Corroborative Evidence Insufficient. Evidence corroborating the testimony of an accomplice is not sufficient if it merely shows the commission […]

449 A.2d 429 RALPH JAY HEROLD v. STATE OF MARYLAND. No. 706, September Term, 1981.Court of Special Appeals of Maryland. Decided September 2, 1982. PROBATION — Revocation Of — Violation Predicated Upon Termination Of Probationer From Mental Health Program — Due Process — Denial Of — Probation, Purpose Of — Trial Court, When Considering Revocation, […]

447 A.2d 105 JOHN H. COUSER v. STATE OF MARYLAND. App. No. 21, September Term, 1981.Court of Special Appeals of Maryland. Decided July 8, 1982. POST CONVICTION PROCEDURE ACT — TRIALS — Absence Of Accused From Bench Conference Dealing With Voir Dire — Right To Presence At “Stage Of Trial” — Application Of Principles Explicated […]

328 A.2d 329 LOUIS WILLIAM IRVIN v. STATE OF MARYLAND. No. 140, September Term, 1974.Court of Special Appeals of Maryland. Decided November 19, 1974. APPEAL — JURISDICTION — State’s Appeal From Order Dismissing Indictment — Trial On New Indictment Pending Appeal Arising From Same Facts — State May Appeal Order Granting Motion To Dismiss Indictment […]

685 A.2d 454 ROBERT S. EVANS v. SHORE COMMUNICATIONS, INC., ET AL. No. 907, September Term, 1996.Court of Special Appeals of Maryland. November 27, 1996. Appeal from the Circuit Court, Talbot County, William S. Horne, J. Affirmed and remanded with instructions. Page 285 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

727 A.2d 388 DALE BORCHERS v. RONALD HYRCHUK, ET AL. No. 821, September Term, 1998Court of Special Appeals of Maryland. April 7, 1999 Page 11 Appeal from the Circuit Court, Montgomery County, Vincent Ferretti, Jr., J. Page 12 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

848 A.2d 681 WILLIAM H. PHILLIPS v. ALLSTATE INDEMNITY COMPANY. No. 491, September Term, 2003.Court of Special Appeals of Maryland. Filed: May 5, 2004. Appealed from the Circuit Court, Prince George’s County, E. Allen Shepherd, J. Page 730 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

340 A.2d 756 RICHARD WILLIAM LAWLESS v. DIRECTOR, PATUXENT INSTITUTION. No. 1037, September Term, 1974.Court of Special Appeals of Maryland. Decided July 7, 1975. DEFECTIVE DELINQUENTS — Evaluation Process As Prescribed Under Article 31B, § 7 — Where There Is Refusal By Inmate To Cooperate — Failure To Comply With Statutory Requirement — Prerequisite Procedures […]

606 A.2d 295 ESTELLA BLACK, ET AL. v. LEATHERWOOD MOTOR COACH CORPORATION. No. 1320, September Term, 1991.Court of Special Appeals of Maryland. May 8, 1992. Certiorari Denied September 15, 1992. Page 28 Appeal from the Circuit Court, Baltimore City, Richard T. Rombro, J. Page 29 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

694 A.2d 529 PHILIP N. POSTELLE v. PETER McWHITE. No. 1593, September Term, 1996.Court of Special Appeals of Maryland. June 3, 1997. Appeal from the Circuit Court, Montgomery County. Page 722 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 723 Douglas R. […]

365 A.2d 297 JOSEPH ERNEST GLENN v. STATE ROADS COMMISSION OF THE STATE HIGHWAY ADMINISTRATION. No. 40, September Term, 1976.Court of Special Appeals of Maryland. Decided November 4, 1976. EMINENT DOMAIN — Subtenant — Compensable Interest In Property Taken — Critical Time For Determination Whether Subtenant Has Compensable Interest Is Date of Taking Of Property […]

373 A.2d 1250 RAYMOND A. HALL v. STATE OF MARYLAND. No. 645, September Term, 1976.Court of Special Appeals of Maryland. Decided June 8, 1977. DISCOVERY — Opinion Of Psychiatrist Prepared In Anticipation Of Litigation — Non-Discoverable Under Maryland Rule 400 d In Absence Of Showing Of Exceptional Circumstances — Even Though Request Was Not For […]

336 A.2d 803 WILLIAM LLOYD STURGIS, JR. v. STATE OF MARYLAND. No. 795, September Term, 1974.Court of Special Appeals of Maryland. Decided April 8, 1975. CRIMINAL LAW — Plea Negotiations — Breach Of Agreement By State — Judgment Vacated — Remanded For Further Proceedings — When A Plea Rests In Any Significant Degree On A […]

717 A.2d 976 THE CITY OF ANNAPOLIS ET AL. v. KENNETH E. ROWE, JR. ET AL. No. 1416, September Term, 1997.Court of Special Appeals of Maryland. September 30, 1998. Appeal from the Circuit Court, Anne Arundel County, Robert H. Heller, Jr., J. Page 268 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

878 A.2d 628 Arthur H. SPENGLER, Jr. v. SEARS, ROEBUCK COMPANY. No. 798, September Term, 2004.Court of Special Appeals of Maryland. July 11, 2005. Appeal from the Circuit Court, Wicomico County, Donald C. Davis, J. Page 221 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

228 A.2d 840 JAMES JULIUS COOPER v. STATE OF MARYLAND. No. 79, Initial Term, 1967.Court of Special Appeals of Maryland. Decided April 21, 1967. CONFESSIONS — Admissibility — Burden Of Proof Of Voluntariness On State — No Additional Burden Imposed By Fact Confession Is Oral — Matter Of Admissibility Involves Mixed Question Of Law And […]

273 A.2d 630 HARRY CLIFFORD OTT v. STATE OF MARYLAND. No. 108, September Term, 1970.Court of Special Appeals of Maryland. Decided February 16, 1971. APPEAL — Scope Of Review — Review Of Sufficiency Of Evidence In Jury Cases — Contention Regarding Allegedly Prejudicial Closing Argument Not Ordinarily Considered Absent Objection Below. In order to overturn […]

381 A.2d 294 FRANK B. RYAN ET AL. v. STELLA KASASKERIS. No. 356, September Term, 1977.Court of Special Appeals of Maryland. Decided December 13, 1977. WORKMEN’S COMPENSATION — Domestic Employee — Injured While Walking From Bus Stop To Employer’s Home — Compensable Injury — Course Of Employment — “Going And Coming Rule” — “Free Transportation” […]

900 A.2d 275 Stephen E. THOMPSON v. BALTIMORE COUNTY, Maryland. No. 0281, Sept. Term, 2005.Court of Special Appeals of Maryland. June 6, 2006. Appeal from the Circuit Court, Baltimore County, Robert E. Cadigan, J. Page 242 [EDITORS’ NOTE: Page 243 P. Matthew Darby (Jason R. Engel, Albertini Darby, LLP, on the brief), Baltimore, for appellant. […]

452 A.2d 1263 GEORGE C. VOURNAS v. MONTGOMERY COUNTY, MARYLAND. No. 260, September Term, 1982.Court of Special Appeals of Maryland. Decided December 7, 1982. CONSTITUTIONAL LAW — Montgomery County, Maryland — Right Of County, Under § 52-21, Montgomery County Code, To Impose Transfer Tax On Farmland Property — Constitutionality Of — Fact That Imposition Of […]